Milap Choraria
31 May 2015 at 12:47
Respective private parties responsible for infringement of the fundamental rights are necessary parties to be named in Writ Petition?
Vikas V Jadhav
31 May 2015 at 11:22
Status:
Place: Mumbai
Property : Newly built (3 years old); No OC; No Conveyance; Society formed/Registered
Query:
Builder sublets unsold shops under their possession without LL agreement and without informing society.
Whether society can demand registered LL agreement and Police verification report.
On non-submission of registered LL agreement and Police verification report what action society can initiate?
vasudev
31 May 2015 at 10:52
Builder is not registering my property. He is delaying, till now I dont want to get into legal matters. As I know how things proceed in India , to be frank. But looking for advice as to how to go about registering property legally without builders presence
Member (Account Deleted)
31 May 2015 at 10:51
Divorce petition filed by wife on impotency and mental cruelty got dismissed since she failed to prove the allegations and I myself got submitted for potency test by medical board on my application for the same. The judgement mainly points out the following findings:
1) Petitioner failed to prove the alleged impotency of respondent ie. husband.
2) Petitioner failed to prove the mental cruelty.
3) Petitioner deserted the respondent.
4) Respondent is not willing to continue the relationship after all these developments from petitioner's side.
5) Court observes that both parties can not forget the past and continue the relationship after all these developments.
6) So, considering all the above points the court dismiss the petition and advise the parties to go for mutual petition (13B).
So, can I go for criminal defamation against her based on this judgement since her petition is on ground of impotency & mental cruelty and the judgement says she failed to prove the same?
My advocate says I can't go for criminal defamation just because she alleged impotency in petition and failed to prove the same, and more over court proceedings and judgement can't be the foundation of a defamation suit. In my advocate's opinion, I would have to produce witness/evidence to prove that she made impotency allegation in public ie. outside court and there by tarnished my image in public for the existence of criminal defamation suit.
So, I would like to get the views of the learned members also in this situation.
I just want to know whether I can file criminal or at least civil defamation suit against her based on this judgement without any witnesses.
As far as I know the court is a public place and her petition and judgement are also public documents. So why the petition and judgement can't be the base of a defamation suit?
Suraj Prasad
31 May 2015 at 00:27
Hi Sir,
I took UCO bank education loan of Rs 2.20 from 2008 to 12.
During this period I never paid any installment. But I submitted the interest subsidy by govt of india of two times. Interest Amount deducted from my principal. And Rs 20000 in cash comes from LIC which is also give to bank.
Now at present time Total due amount is Rs 3.2 lakh
But I have ready to pay Rs 2.20 lakh at one time. As bank Manger told very roughly to pay 3 Lakh at one time.
I humble request to them to consider Rs 2.2 lakh but they don't agree and told me that this case is settlement in Court..
Kindly suggest me that what I will do. Is there advantage or disadvantages in settlement through court.
I am waiting for ur valuable response.
Satish Kumar Anand
30 May 2015 at 23:00
I AM A SHOPKEEPER IN A CINEMA HALL FOR THE LAST 32 YEARS. I TOOK THE SHOP ON RENT FOR DOING THE BUSINESS OF NEWSPAPER AND MAGAZINES ON A 10 YEAR AGREEMENT FROM SAY "A". NOW A DAYS "A" IS NO MORE AND THE MANAGEMENT OF THE CINEMA HALL IS SEEN BY THE GRANDSONS OF HALL MAINLY BY SAY "B". AFTER TEN 10, NO BODY ASKED ME TO RENEW THE AGREEMENT BUT I KEPT PAYING RENT WHICH THEY WERE ACCEPTING TILL LAST YEAR. DURING JULY 2014, MR "B" HAD SOME ALTERCATION WITH MY STAFF. SINCE LAST 5 OR 6 YEARS, I TRANSFERRED THE NEWSPAPER BUSINESS TO SOME OTHER LOCATION AND STATED THE READY MADE GARMENT BUSINESS IN THE SAID SHOP. FROM JUL 2014 ONWARD MR "B" REFUSED TAKING RENT AND SEND ME A LEGAL NOTICE TO VACATE THE SHOP WITHIN 3 MONTH QUOTING THE CAUSE OF PERSONAL NEED AND BREACH OF TRUST FOR DOING BUSINESS INSTEAD OF NEWSPAPER AND MAGAZINES. AND NOW HE HAS FILED 1 CRIMINAL CASE AND 1 CIVIL CASE UNDER SECTION 111 (c) AND 420, 120B, 406 AND 506. THERE ARE 12 SHOPS IN THE CINEMA HALL BUILDING BUT MR 'B' IS HARASSING ME ONLY, FOR REASON BETTER KNOWN TO HIM. I AM A SR CITIZEN AND ONLY EARNING MEMBER AMONG 8 PERSONS OUT OF WHICH 1 NIECE IS PHYSICALLY HANDICAP, ELDER SON IS MENTALLY UNSTABLE (SUFFERING FROM BI POLAR DISORDER) AND YOUNGER SON STUDYING IN DELHI.
I HAVE NO OTHER MEANS OF EARNING BESIDE THIS READY MADE SHOP AND NEWSPAPER BUSINESS. AT LEAST NEXT 10 YEAR ARE VERY IMPORTANT FOR ME TO KEEP WORKING SO THAT THE STUDY OF MY YOUNGER SON COULD BE COMPLETED IN TWO YEARS AND MADE A CORPUS OF FUND SO THAT MY MY NIECE AND MY ELDER SON MAY NOT FACE FINANCIAL DIFFICULTIES AFTER MY DEATH.
KINDLY ADVICE ME, HOW TO HANDLE THIS CASE
SO THAT I COULD RUN SHOP AT LEAST FOR NEXT 10 YEARS.
S K Anand
kunhi marakkar
30 May 2015 at 22:17
Sir,
Will limitation act affect cancelation of fraudulent registration deed which executed more than 12 year ago?
aagrawal
30 May 2015 at 21:41
My husband was 2nd of the three brothers.
Days before he passed away, he was suffering from depression. At that time, he had signed a deed saying:
Elder brother got a 3 storied building near to the market. In exchange he gave up his rights in other ancestral property. He is also agreed to move his business to the ground floor of this building.
Younger brother got 50% of the shop and at our house.
My husband got 50% of the shop and 2000sqft at the top floor of the shop as a place to live.
After his death, the elder brother said as it was never clarified that 50% of the shop belonged to my father only, he also should get 50% of it. So at the end, we got only 25% of the shop. Elder brother took 25% of the shop + 3 storied building.
The 3 storied building belonged to my father-in-law. The shop and house were actually part of an ancestral property shared with other relatives which was not divided ie there was no partition deed earmarking our share in those properties.
Elder brother has then proceeded to change the owner of the 3 storied building to his wife via a gift deed.
Now all other relatives want a division of house and shop property. It is only in this division the earmarking of house and shop will be done. It will finally clarify of what 25% in shop building we got and if we even got 2000sqft.
As part of this, the first settlement deed drawn up has been of the house property. I am being forced to accept a smaller part which the younger brother says doesn't qualify me to 2000sqft in "exchange". While he is happy with the "given up" part of the elder brother.
So I had a doubt - Can someone really agree to a division of their father's property if that really is a joint ancestral property. shouldn't the process be to get the ancestral property divided and settled with other relatives as to what their father owned and then divide? In which case how legal is elder brother's task of registering house in his wife's name?
Please help cause I am getting threats to take a smaller piece and give up even the 25% in the shop.
Member (Account Deleted)
30 May 2015 at 21:28
How fast are cases if expedetious disposal order is given fron highcourt.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Credit Card Loan
Hi All ,
Would request you advice in this matter. I had two Citi bank credit card both going on for seven to eight years I have never been a defaulter
Two years back i took a loan on my credit card where the bank gave the same to me as pre approved laon with no cheque or document taken the loan was for 4 years for 2 lac
I paid the loan for one year and told me that we have a top up offer so they gave me amother 1.3 lac and closed the last loan
Now I started paying this one and paid for six months my EMI is 8500 and my basic salary is 11400. I have some issue and my employer has stopped my salary.
I am in no way in a condition to pay this loan
Can I call the bank and ask them to do a full and final settlement or shall i tell them that i cannot pay the loan as they did not check my salary before giving me the loan.
I know its our responsibility to pay the loan but i need to get my basic needs covered first.
Regards,
Arindam